Chancery Keeps AmerisourceBergen Drug Scheme Suit Alive

By Jeff Montgomery (August 24, 2020, 5:01 PM EDT) -- A Delaware vice chancellor on Monday refused to dismiss derivative class claims that AmerisourceBergen Corp. directors acted in bad faith when they allegedly allowed the company to illegally salvage and repackage cancer drug remnants.

Vice Chancellor Sam Glasscock III's ruling moved toward trial hard-to-prove allegations invoking the In re: Caremark International Derivative Litigation case in 1996, requiring a showing that the actions in dispute were so costly or one-sided that no reasonable, loyal director would have approved them.

The suit, seeking damages for the company itself, focuses on alleged failings that cost AmerisourceBergen or its affiliates some $900 million in civil...

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